alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The CITY OF CORPUS CHRISTI, Texas, Appellant, v. L. C. McCLAUGHERTY, Doing Business as Hertz Driv-Ur-Self System, Appellee.

No. 12873.

Court of Civil Appeals of Texas. San Antonio.

June 22, 1955.

I. M. Singer, City Atty., Ellis M. Brown, J. F. Park, Ass’t City Attys., Corpus Christi, for appellant.

Charles G. Lyman, Corpus Christi, for appellee.

PER CURIAM.

Appellee on June 13, 1955, filed two motions, one, No. 18168, for leave to file an amended statement of facts, and another, No. 18169, for an extension of time within which to file a brief.

Motion No. 18168, for leave to file a supplemental statement of facts will be overruled.

The record shows that a motion by ap-pellee for an instructed verdict was granted in the trial court on January 28, 1955.

On February 8, 1955, appellant mailed its request for a transcript and sent a copy thereof to appellee. On the same date, appellant designated the portion of the evidence it desired in the statement of facts, and also mailed a copy of this to appellee. Rule 377. On the same date appellant designated its points of appeal, for the purpose of inducing appellee to accept an abbreviated statement of facts, and on the same day sent a copy of this to appellee. The court reporter filed with the district clerk a transcript of the designated evidence on February 18, 1955. On March 15, 1955, the statement of facts was approved by the trial judge and again filed in the District Court on March 16, 1955. The record was received and filed in this Court on March 17, 1955.

Appellant filed its brief herein on April 13, 1955. Appellant joined appellee in requesting a thirty-day extension of time within which to file appellee’s brief, which the attorney for appellant says he would not have done if there had been any intimation that an attempt would later be made to amend the statement of facts. The first intimation that appellee was dissatisfied with the abbreviated statement of facts is his motion filed herein on June 13, 1955, seeking leave to file a supplemental statement of facts. The motion shows no reason why appellee did not request a supplemental statement of facts at the proper time.

It is now apparent that if a supplemental statement of facts is to be filed, appellant might be required to rewrite its brief to fit the new record.

We are of the opinion that appellee’s request for leave to supplement the statement *471of facts comes too late and is therefore overruled.

Appellee’s motion No. 18169, for a second extension of time, is granted and the time is extended to July 15, 1955.
#### Alex S. MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

No. 27963.

Court of Criminal Appeals of Texas.

April 4, 1956.

*788Allison, Steele & Allison, Levelland, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

DAVIDSON, Judge.

This is a conviction for negligent homicide of the second degree; the punishment, a fine of $2,000.

The unlawful act relied upon to constitute negligent homicide’is set forth in the information in the following language:

> "* * * the said Alex S. Martinez was then and there ünlawfully driving .a motor vehicle, to-wit, a truck, upon a public highway on the left-hand side of said .public highway when not overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; nor when the right half of said roadway was closed- to traffic while under construction or repair; nor when said roadway was divided into three marked lanes for traffic under the rules applicable thereon; nor when said roadway was designed and signposted for one-way traffic * *

By those allegations the state charged, in effect, that it was unlawful'to drive’ an automobile on the left-hand side of the highway at a time and under the conditions set forth.

It is. apparent that the information was drawn under Section 52 of Art. 6701d, V.R.C.S., which reads as follows:

> “Drive on right side of roadway; . exceptions

> “Upon all roadways the driver of a vehicle shall drive upon the right half of the roadway, except as follows:

> “1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

> “2. When the right half of a road- . way is . closed to traffic while under -.construction or repair;

> “3. Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or

> “4. Upon a roadway designated and signposted for one-way traffic.”

That statute requires that motor vehicles be driven on the right half of the roadway in all- cases and -in all instances and under all. conditions except those named in. the statute. ’

Construing the information as alleging a violation of that statute in the driving of the automobile on the left side of the highway except under certain conditions and circumstances, those conditions became and were a part of the offense alleged, without which no offense is alleged.

The state alleged that the left side driving occurred when (a) not overtaking and passing another vehicle, (b) when the right half of the said roadway was not closed to traffic, and (c) when the roadway was not divided into three marked lanes.

There is no testimony showing or establishing the absence of such conditions. *789It is apparent, therefore, that the state failed to prove the unlawful -act-alleged and relied upon to constitute the offense of negligent homicide of the second degree while the appellant was engaged in 'the commission of a misdemeanor. ;■ -,

The evidence being insufficient ’’to 'support the conviction, the judgment is reversed and the cause is remanded.
**EXHIBIT 32.1**

**CERTIFICATION**

*Pursuant to 18 U.S.C. Section 1350, As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002*

In connection with the Annual Report of Auto Underwriters of America, Inc. (the “Company”) on Form 10-KSB for the year ended June 30, 2005 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), Dean Antonis, as Principal Executive Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:

| (1)    | the Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934; and                                         |
|-----------------------|------------------------------------------------------------------------------------------------------------------------------------------------------|
|                       |                                                                                                                             |
| (2)    | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |

| /s/ Dean Antonis                                 |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Dean Antonis                                                                                                                                                                                                     |
| President and Principal Executive Officer                                                                                                                                                                        |
| Date:  October 12, 2005                                                                                                                                                                                |

This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, asamended.
Exhibit 31.2
I, Michael Sumsky, certify that:
 1.  I have reviewed this quarterly report on Form 10-Q of Diamond Triumph AutoGlass, Inc  2.  Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made,in light of the circumstances under which such statements were made, not misleadingwith respect to the period covered by this report;  3.  Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;  4.  The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in ExchangeAct Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 a.  designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;  b.  evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  c.  disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter in the caseof an annual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and
 5.  The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board of directors(or persons performing the equivalent functions):
 a.  all significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and  b.  any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.       Date: May 16, 2005   By: /s/ Michael A. Sumsky          Chief Financial Officer
EXHIBIT 32.1

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of Petrol Oil and Gas, Inc. (the “Company”) on Form 10-QSB for the period ended September 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Paul Branagan, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

|   | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------|

 

|   | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

|   | /s/ Paul Branagan                                       |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | Paul Branagan                                                                                                                                                                                                                                         |  
 

President and Chief Executive Officer

 
 

November 14, 2005

  |
Exhibit 99.3

Press Release                                      Source: Hesperia Holding Inc.

Hesperia Holding Inc. Orders Help Fuel Growth in Southern California Economy,
Study Shows
Monday October 11, 1:30 am ET

HESPERIA, Calif.--(BUSINESS WIRE)--Oct. 11, 2004--Hesperia Holding Inc.
(OTCBB:HSPR - News) currently is operating with a backlog of six weeks on new
roof truss orders at its subsidiary, Hesperia Truss Inc., a fact that helped
propel the monthly Inland Empire Purchasing Manager's Index 2.5 percent from its
August level.

The Purchasing Manager's Index is a component of the Inland Empire Report on
Business, which is published monthly by the Institute of Applied Research and
Policy Analysis at California State University, San Bernardino.


Hesperia Truss Inc. noticed an increase in orders for its roof trusses last
November and there has been no slowdown since, according to Hesperia Truss
General Manager Jeff Mason.


The report's overall Purchasing Manager's Index, which follows the San
Bernardino County and Riverside County region's manufacturing sector, rose to
54.6 from August's figure of 52.1.


Levels above 50 indicate continued growth in the economy according to the
report's authors Barbara Sirotnik and Shel Bockman who are co-directors of the
Institute.


Hesperia Holding, Inc., through its wholly owned subsidiary, Hesperia Truss
Inc., designs, engineers and manufactures roof and floor trusses that serve both
the residential and commercial construction industry. Hesperia Truss Inc. was
founded in 1993 in Hesperia, California by Don Shimp and Mark Presgraves. The
company has since grown to annual revenue of $8.14 million in 2003 and continues
to grow in the first six months of 2004 with a 32 percent increase over the
prior year. Its market area includes the fast-growing High Desert Region, Inland
Empire areas of Southern California and Southern Nevada. Hesperia Holding, Inc.
employs approximately 110 people at its two production facilities in Hesperia,
California and Pahrump, Nevada.


For more information please visit www.hesperiatrussinc.com or
www.iar.csusb.edu/ROBSept2004.pdf.


The Private Securities Litigation Reform Act of 1995 provides a "safe harbor"
for forward-looking statements. Certain of the statements contained herein,
which are not historical facts, are forward-looking statements with respect to
events, the occurrence of which involve risks and uncertainties. These
forward-looking statements may be impacted, either positively or negatively, by
various factors. Information concerning potential factors that could affect the
Company is detailed from time to time in the Company's reports filed with the
Securities and Exchange Commission.


Contact:
     Hesperia Holding Inc.
     Andrew Austin, 619-334-8521
**Exhibit 32.1**

** **

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**

**PURSUANTTO**

**18U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Michael J. Borman,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of AvocentCorporation on Form 10-Q for the three and nine months ended September 30,2009 fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that information contained in such Form 10-Qfairly presents in all material respects the financial condition and results ofoperations of Avocent Corporation.

 
| Date:   November 4,  2009 |   |                                       |
|-----------------------------------------------|--------|--------------------------------------------|
|                                          |   |                                       |
|                                          |   | By:/s/ Michael J.  Borman                  |
|                                          |   | Name: Michael J. Borman                    |
|                                          |   | Title:   Chief Executive Officer |

 

I, Edward H. Blankenship,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of AvocentCorporation on Form 10-Q for the three and nine months ended September 30,2009 fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that information contained in such Form 10-Qfairly presents in all material respects the financial condition and results ofoperations of Avocent Corporation.

 
| Date:   November 4,  2009 |   |                                                                                                   |
|-----------------------------------------------|--------|--------------------------------------------------------------------------------------------------------|
|                                          |   |                                                                                                   |
|                                          |   | By:/s/ Edward H.  Blankenship                                                                          |
|                                          |   | Name: Edward H.  Blankenship                                                                           |
|                                          |   | Title:   Senior Vice President of Finance, Chief  Financial Officer, and Assistant Secretary |

 

----
---

|EXHIBIT 32.2                                 
|---------------------------------------------
|CERTIFICATION OF                             
|PRINCIPAL FINANCIAL OFFICER                  
|PURSUANT TO                                  
|18 U.S.C. SECTION 1350,                      
|AS ADOPTED PURSUANT TO                       
|SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Garth Johnson, Chief Financial Officer of AMG
Oil Ltd. (the Company), hereby certifies, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to
his knowledge, the Quarterly Report on Form 10-QSB of AMG Oil Ltd. for the
period ended June 30, 2007 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934, as amended, and that the
information contained in the Report on Form 10-QSB fairly presents in all
material respects the financial condition and results of operations of the
Company.

Date: August 13, 2007

| | /s/Garth Johnson                       | 
| | -------------------------------------- | 
| | Garth Johnson, Chief Financial Officer | 

---
**EXHIBIT 31.2**
**CERTIFICATIONS**
I, Michael Johnson, certify that:
1. I have reviewed this quarterly report on Form 10-Q of @Road, Inc.;
2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
(a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared; (b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, asof the end of the period covered by this report based on suchevaluation; and (c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):
(a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reporting whichare reasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and (b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’sinternal controls over financial reporting.
Date: November 8, 2004
/s/ Michael Johnson
Michael Johnson